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04 Feb, 2025

I. SCOPE OF THE REGULATION

With the **Law No. 7413** published in the **Official Gazette on June 28, 2022**, which amended the **Judges and Prosecutors Law and Certain Laws**, notaries have been granted the authority to conduct **real estate sales transactions** by an amendment to **Article 61/A of the Notary Law No. 1512**.

Under this regulation, notaries are authorized to:
– Draft **real estate sales promise agreements** and register them in the land registry upon the request of one of the parties, provided that the necessary fees and charges are paid.
– Draft **real estate sales agreements**.

Based on **Article 61/A, Paragraph 11 of the Notary Law No. 1512**, the **Regulation on Procedures and Principles for Real Estate Sales Contracts Prepared by Notaries** was issued and published in the **Official Gazette on January 11, 2023**.

II. PURPOSE OF THE REGULATION

The regulation aims to determine the **procedures and principles** applicable to real estate sales contracts prepared by notaries.

III. KEY PRINCIPLES OF THE REGULATION

According to the regulation:

  • Applications for sales agreements must be made exclusively through the Notaries Union’s e-appointment/application system via e-Government.
  • The required documents must be uploaded to the Notaries Union Information System (TNBBS), and original documents must be presented at the appointment.
  • Applicants may select the notary office of their choice.
  • Upon application, the notary will generate an application document in the TNBBS. If the notary is unable to process the application due to legal or factual obstacles, the request will be rejected, and applicants will receive an SMS notification allowing them to update their notary selection.
  • The notary will forward the application document to the General Directorate of Land Registry and Cadastre (GDLC) via the TAPU and Cadastre Sharing System (TAKPAS).
  • Once all relevant records and documents are completed, the notary will verify ownership rights and ensure there are no legal obstacles to the sale before preparing the contract.
  • The calculated land registry fee will be reported to the GDLC through TAKPAS, which will then generate an e-collection serial number for transaction fees and registry duties, transmitting it to the notary.
  • The appointment date and time for contract signing will be sent to the parties via SMS, along with payment details.
  • If the parties fail to attend the appointment, they will be notified via SMS that they must visit the notary within ten days; otherwise, the application will be canceled.
  • If there are existing rights or encumbrances on the property, these will be disclosed to the parties. If the parties choose to proceed, the rights and encumbrances will be fully documented in the contract, and a declaration of acceptance will be obtained.
  • Once the notary confirms that there are no legal obstacles, the contract will be signed, a journal number will be assigned in TAKBIS, and the contract and related documents will be registered in the Land Registry and Cadastre Information System (TAKBIS). Following this, the land registry office will finalize the title deed registration.
  • Upon completion of registration, the title deed will be issued to the parties by the notary.
  1. CONCLUSION

The **procedures and principles** governing **real estate sales contracts by notaries** are comprehensively outlined in the regulation.

The regulation **will come into effect** once the **information system** required under **Article 61/A of the Notary Law** is **officially announced** on the **website of the Ministry of Justice**.

The implementation date for the **system’s launch** was set as **July 1, 2023**, by **Presidential Decision No. 6616**, published on **December 28, 2022**.

For further inquiries, please feel free to contact us.

Esenyel Partners | Regulation on the Procedures and Principles Applicable to Immovable Sale Contracts Issued by Notaries Public
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